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Haugenoe v. Bambrick

6/6/2003

2 n.2, 655 N.W.2d 712.


[ ] By its very language, N.D.C.C. § 28-01-46 "does not apply to alleged lack of informed consent, . . ." The trial court in this case clearly erred when it dismissed the Haugenoes' informed consent claim against Dr. Bambrick based on N.D.C.C. § 28-01-46. Therefore, we reverse the trial court's dismissal of the informed consent claim against Dr. Bambrick and remand for further proceedings consistent with our opinion.


[ ]Mary Muehlen Maring


William A. Neumann


Dale V. Sandstrom


Lawrence A. Leclerc, D.J.


Gerald W. VandeWalle, C.J.


[ ] The Honorable Lawrence A. Leclerc, D.J., sitting in place of Kapsner, J., disqualified.






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